The new law cracks down on the availability of illegal short-term rentals at one of the world`s largest tourist destinations. Based on the number of listings promoting short-term rentals for entire homes or apartments in the city, suggesting that a host may not be present, supporters of the law estimate that up to about 19,000 Airbnb listings could be illegal and eventually removed from the list. Penalties for illegal airbnb rentals in New York city include fines as well as possible evictions. And if you think raiding was a unique thing, think again. The «extensive written violations show a clear need for building owners and management to take action,» Christian Klossner, executive director of the Mayor`s Office of Special Application, told the Wall Street Journal. (If you suspect there are illegal short-term rentals in your building, you can call 311 or file a complaint online.) New York authorities have filed a first such lawsuit against the owners of a brownstone in Midtown for illegally renting their units on Airbnb. «The Coalition Against Illegal Hotels has been working for four years to write, introduce and adopt 2309. This legislation will preserve New York City`s affordable housing while protecting legal housing communities in the city,» said Tom Cayler of the Coalition Against Illegal Hotels & West Side Neighborhood Alliance. «We congratulate Councillor Kallos, the other sponsors of the council and all the neighborhood housing stakeholders who work so hard to keep New Yorkers at home.» When you decide to become an Airbnb host, it`s important that you understand your city`s Airbnb laws and policies. As a platform, we do not offer legal advice, but we want to provide useful links that can help you better understand the laws and regulations in New York.
This list is not exhaustive, but it should give you a good start in understanding your local laws and policies. If you have any questions, contact the Ministry of Buildings, the Ministry of Finance or other municipal bodies directly, or contact a local lawyer or tax professional. «Housing should be for New Yorkers. Hotels should be for tourists. We need every apartment that is illegally listed on Airbnb to come back on the market to help our affordable housing crisis. At a time when hotels are closing or emptying, it`s crazy to see apartments across the city being converted into illegal Airbnbs,» said council member Ben Kallos. «Many thanks to Tenants PAC and the Coalition Against Illegal Hotels for their expertise and support in drafting and implementing this important piece of legislation.» Airbnb`s valuation was more than $35 billion in the spring of 2019. However, the company`s legal problems seem to be getting worse before they get better. The city has received several complaints since 2011 that the building is «being used as an illegal `Airbnb hotel,`» according to the lawsuit.
«Any illegal short-term rental in our city represents a housing unit where real New Yorkers cannot live, and in the midst of a global pandemic and an ongoing affordable housing crisis, the city must do everything in its power to end this harmful practice. Enforcing our short-term rental laws is crucial, but it has been extraordinarily difficult despite the heroic efforts of the Mayor`s Office of Special Enforcement. Therefore, I am very pleased that Council Member, President Johnson and Mayor of Blasio Kallos have worked closely with residents and housing advocates to create a registration system that provides important information to identify and stop illegal rentals,» said Senator Liz Krueger (D-Upper East Side). «We think this will be the most effective way to get rid of illegal hotel activities,» said McKee, who is also part of Tenants PAC, an advocacy group that helped draft the bill. «It may take two to three years, but ultimately it will make it virtually impossible for poor homeowners to convert what residential apartments should be into short-term rentals.» In rent-stabilized buildings, there are restrictions on what residents can legally charge through sites like Airbnb. Co-operatives generally do not allow short-term leases, and while condominiums cannot prohibit rentals, laws require minimum and maximum rental conditions and may also have rules against vacation rentals. «New York City – and its apartments – belong to New Yorkers. For too long, bad actors have deprived our housing stock of affordable housing in order to profit from illegal short-term rentals. In 2018, I worked with the Mayor on innovative legislation to address this issue, finally accountable corporate tenants who were not good neighbours, and make affordable housing available to the communities that need it most,» said Carlina Rivera, co-member of the Principal Sponsors Council. Int.
2309 is our next clear step in the fight against illegal short-term rentals. By requiring hosts to register short-term rentals with the city and submit their registration number to home-sharing platforms prior to registration, this bill protects both our affordable housing and legal short-term rental operators. The news that 20 apartment owners in a luxury condominium building far from the West Side have been raided and have received short-term rental violations of their units is a reminder that the city will not tolerate illegal activities via sites like Airbnb and is cracking down on condominium owners who flout the law. New York`s Airbnb law states that in most buildings, especially Class A apartments, it is illegal to rent apartments for less than 30 days. In general, Class A apartments include buildings with three or more permanent dwellings. Rents can exceed 30 days if the landlord is on site during the rental of the unit. The new bill is designed to prevent rentals that violate those laws — including a New York state law that largely prohibits renting apartments for less than 30 days when the host is not present — from appearing online at all. The developers said the new restrictions would result in the gradual removal of thousands of listings for such illegal rentals from short-term rental websites. So if you`re a condominium owner who is considering renting out your apartment on a short-term basis (or suspect one of your neighbors of doing so), what do you need to know? First of all, it is important to remember that it is illegal for New Yorkers living in buildings with three or more units to rent their apartments for less than 30 days, unless the owner or tenant is present during the stay. «The Coalition Against Illegal Hotels and our city and state allies have been working on this bill for years. It took a long time, but once it comes into effect, it will be impossible for bad actors-owners to abuse our few rental apartments for short-term profit.
Once again, we won against Airbnb, despite all its money. They will be back in Albany next year to try to weaken our rental housing laws, and we are ready to fight with them again. So far, Airbnb is beating zero,» said Michael McKee, head of Tenants PAC. Airbnb recently announced that it had its best quarter ever, reflecting a growing thirst for travel and tourism as the pandemic loosens its grip. But in New York, the company is at the center of another narrative: After years of struggling to limit the spread of short-term illegal rentals, city guides are poised to impose stricter restrictions on the online platform. Latimer received more than 2,200 payment transactions and $2 million from Airbnb between 2018 and 2022 from short-term illegal rentals, mostly in the brownstone house in Midtown Manhattan, according to Christian Klossner, executive director of the city`s Office of Special Application. The lawsuit also names Esther Yip, a managing member of client Apex East Management, as defendant.